MONTGOMERY ET AL.

v.

AURIEMMA ET AL.

Citator

Cited By (22 total)

• Martinez v. The City OF Opa-Locka, 971 F.2d 708 (11th Cir. 1992)
  …scharge. Opa-Locka City Charter, art. II, § 10. See Williams v. Butler, 863 F. 2d 1398, 1402-03 (8th Cir.1988) (en banc) (explaining the difference between discretionary authority to act and delegation of final policymaking authority), cert. denied, 492 U.S. 906, 109 S.Ct. 3215, 106 L.Ed.2d 565 (1989), cited with approval, Mandel, 888 F. 2d at 793.…
• Settles v. Golden Rule Ins. Co., 927 F.2d 505 (10th Cir. 1991)
  …rt which proved that Long Motor was engaged in business affecting interstate commerce. The defendant has the burden of proving the preemption defense. See Kanne v. Connecticut Gen. Life Ins. Co., 867 F. 2d 489, 492 n. 4 (9th Cir.1988), cert. denied, 492 U.S. 906, 109 S.Ct. 3216, 106 L.Ed.2d 566 (1989). However, because plaintiff’s complaint pleads ample facts to support the conclusion that Long Motor participated in business affecting interstate commerce, we find that plaintiff conceded that issue.2 Plaint…
• United States v. Moscony, 927 F.2d 742 (3d Cir. 1991)
  …e competence and the right to the attorney’s undivided loyalty free of conflict of interest.” United States v. Gambino, 864 F. 2d 1064, 1069 (3d Cir.1988) (citing Government of Virgin Islands v. Zepp, 748 F. 2d 125, 131 (3d Cir.1984)), cert. denied, 492 U.S. 906, 109 S.Ct. 3215, 106 L.Ed.2d 566 (1989). The attorney’s undivided loyalty is required because the type of effective “assistance of counsel” the Sixth Amendment guarantees a criminal defendant is that which puts the government to its proofs in an a…